How much share can wife claim as maintenance without divorce
Hello sir.
i am Subodh . i have married on may 2000. We were together for almost 8 years. She left me in 2010 and started leaving seperate. I am father of 16 yrs son. From past 7 and half years we are staying seperate.she had taken my son with her and currently he stays with her. Im the year of 2010, she sent me divorce but I didn't take much attention I on this as I was assuming that she will.Come a back to me one day....I was waited for almost 7.5 yrs now but she didn't turn up back. Then I decided to have mutual divorce. Initially she agreed for that but all.of sudden after couple of days later now she started asking share in my property and maintanace amount of 25lkh and sons school fees for last 7 yrs of 25lks and monthly 25k. So in total she is asking from.me...1 flat to be named by his son (almost it cost around 45-50lkh), 45 lakh for maintanace and sons schooling and 25k per month.
She owned 1 flat by her name, a she owned car.my question is
1) if she goes in court for maintenance how much se can claim.? my salary is 95k per month (net income)
& she is doing job and having salary 80k per month (net income)
2) if she goes for dirvoce , how much she can claim on my house property.?
i have 1 flat ,that own by me on my name only. & Other flat has house loan of 35 lack & i am paying 28k EMI . so how can i save my property form her?
3) Can she claim on my properties (on my name) now?
4) if she files maintanace case against me, how much do I need to give it to my son as a maintenance? Will it be on sharing basis? Do I need to pay his past 7 yrs schooling and other stuff expenses in full? Or will.it be also sharing basis 50-50% as she is also working...
4) right now she is not living with us from past 7.6 yrs , ,so what is legal way to go for divorce so, I do not have to give more money
please help me to answer
Asked 8 years ago in Family Law
Religion: Hindu
Hi All,
I have one confused on wife shares on husband property before or after divorce in India?
As here, All have mentioned Wife will not entitled to get any share in husbands property but lawyers from Pune are saying that, if she files maintenance case against you, then its depend on judge that you have to give some property to wife/children.
Could someone please educate me if any such law exist in India (As i read in newspaper that wife has equal share in husbands property law was in parliament in 2012 but not sure whether its passed or not). I am still confused in this matter.
Please help me to get correct answers . if someone please provide me references of any website or Indian law info, would be very helpful for me to take the decision in this matter.
Regards
Subodh Katkar
Asked 8 years ago